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(영문) 수원지방법원안양지원 2017.08.10 2016가단124441
건물명도
Text

1. The Defendant shall deliver to the Plaintiff the real estate stated in the attached list, and the Defendant shall be as from January 1, 2017 and the amount of KRW 44 million.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the real estate listed in the separate sheet (hereinafter “instant real estate”), and around March 2014, the Plaintiff leased the said real estate to the Defendant with a deposit of KRW 20 million and monthly rent of KRW 11 million, without the agreement on the aforementioned period.

(hereinafter referred to as “instant lease”). B.

However, from September 2016 to December 2016, the Defendant did not pay monthly rent four consecutive times. On the ground of this, the Plaintiff expressed his/her intention to terminate the instant lease contract by serving a copy of the instant complaint on the Plaintiff.

[Reasons for Recognition] The court's significant facts, Gap's evidence 1 to 6 (including additional evidence) and the purport of the whole pleadings

2. According to the facts found above, the instant lease agreement was lawfully terminated by the delivery of a copy of the complaint of this case on the ground of the Defendant’s delinquency in payment of rent, and thus, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and to pay the Plaintiff the rent of KRW 40 million in arrears until December 2016, and the rent of KRW 10 million in the rate of KRW 10 million from January 1, 2017 to the completion date of delivery of the instant real estate.

3. Conclusion, the plaintiff's claim of this case is justified.

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